This is an application for leave to execute a judgment of this court given in Case Number HC 1002/13 pending determination of an appeal noted to the Supreme Court against it by the respondent. The application was brought as an urgent chamber application and was filed on 20 February 2013. The background to the application is as follows: More
There has been ferocious litigation in a space of four months pitting several protagonists. The dispute was convoluted and the issues multifaceted. At the centre was a company called Hwange Coal Gasification Company (Private) Limited. For ease of reference I shall refer to this company as the Coal Gasification Company. The one protagonist wasa Chinese company by the name of Taiyuan Company Limited. The variantsto that name, vehemently disputed by the other protagonists, were Taiyuan Sanxing Company Limited and Taiyuan Sanxing Economic and Trade Company Limited. I shall come back to the dispute over this company’s name later. But hereafter... More
This is an action for the vindication of the plaintiff’s vehicle.
The salient features of this action may be summarised as follows.The plaintiff is the registered owner of a Toyota Land Cruiser registration no. ACF 1290. The defendant was appointed a nonexecutivechairman of the plaintiff’s board of directors since 2006. He was allocated the above referenced vehicle for his use in July 2011 a month before he was removed from plaintiff’s board. Upon his removal as chairperson, the defendant did not return the motor vehicle and has refused to return the vehicle to the plaintiff. More
The plaintiff sued out summons against the defendant for payment of a sum of USD247 317.50 which the defendant owed it following breach of a contract entered into between the parties. After entering an appearance to defend, the defendant elected to utilize alternatives to pleading available to it and filed a special plea instead of pleading over on the merits. The special plea is based on two grounds, firstly, that the plaintiff, being a company is improperly cited as Hwange Coal Gasification Company only omitting the words (Pvt) Ltd. It is argued that,for that reason, there is therefore no plaintiff... More
The respondent is a body corporate established in terms of the Revenue Authority Act [Chapter 23:11]. It is an administrative authority responsible for revenue collection, inter alia, in terms of the Income Tax Act [Chapter 23:08] (herein referred to as the Act). More
